|
� � ? ' :�� L, `� ; l�
<br />�
<br />Section 1.2 Grant. In order to secure the Obligations, Trustor hereby mortgages, grants, assigns,
<br />barga.ins, sells and conveys to Trustee, its successors and sssigns, in trust, with POWER OF SALE and right of entry
<br />and possession, and does hereby grant unto Trustee for the benefit of Beneficiary a continuing security interest in,
<br />(a) the real properly (herein called the "Land") described in Exhibit "B" which is attached hereto and incorporated
<br />herein by reference for alI purposes, and (i) all improvements now or hereafter situated or to be situated on the Land
<br />(herein together called the "Im�rovements"); and (ii) all right, title and interest of Trustor in and to.(1) all streets,
<br />roads, alleys, easements, rights-of-way, privileges, hereditaments, appurtenances, licenses, rights of ingress and
<br />egress, vehicle parking rights and public places, existing or proposed, abutting, adjacent, used in connection with or
<br />pertaining to the Land or the Tmprovements; (2) all of Trustor's present and future estate, right, title and interest in
<br />and to all accretion, avulsion, riparian rights, water rights, waters, water courses, whether now owned or hereafter
<br />acquired by Trustor; (3) the reversion(s), remainder(s), possession(s), claims and demands of Trustor in and to the
<br />same, and the rights of Trustor in and to the benefits of any conditions, covenants and restrictions now or hereafter
<br />affecting said real property, together with al] estate, right, title and interest, including, without limitation, leasehold
<br />interests, that Trustor now has or may hereafter acquira, and (4) any strips or gores between the Land and abutting or
<br />adjacent properties (the Land, Improvements and other rights, titles and interests referred to in this clause (a) being
<br />herein sometimes collectively called the "Premises"); (b) all things now or hereafter affixed to or Iocated upon or
<br />used in connection with the Land, including, without limita.tion, all buildings, structures and Improvements of every
<br />kind and description now or hereafter erected or placed thereon, all apparatus, furnishings, furniture, fixtures,
<br />machinery, equipment, appliancas, systems, building rriaterials and personal proparty of every kifld and nature
<br />whatsoever, now owned or hereafter acquired by Trustor, which are or shall be attached to, or used for the operation
<br />or maintenance of, said buildings, structures or Improvements l�cated on the Land, or which are or shall be located
<br />in, on or about the Land, or which, wherever located, are used or intended to be used in or in connection with the
<br />constructian, fixturing, equipping, furnishing, use, transportation of personal property to or from, operation or
<br />enjoyment of the Land or the Improvements thereon, and all permits, licenses, franchises, contract rights,
<br />management contracts or agreements, warranties, guaranties, authorities, certificates and leasehold interests, now or
<br />hereafter owned by Trustor and relating to the ownership use, operation, rnaintenance or enjoyment of the Land, the
<br />Improvements thereon, and the fixtures, equipment and personal property described above; and also including all
<br />extensions, additions, accessions, substitutions, improvements, betterments, renewals, renovations, repairs,
<br />replacements, products and proceeds of any of the foregoing, together with the benefit of any deposits or payments
<br />now or hereafter made by Trustor or on its behalf in connection with any of the foregoing, inclnding all bridges,
<br />'rrrigation pumps, electric motors, engines, pipes, sprinklers, center pivot systems, control panels, aGCessories and
<br />accessions, and all other irrigation equipment connected therewith now or hereafter placed or installed, including but
<br />not limited to those specific items referenced on Exhibit "C", together with all water and watering rights of every
<br />kind and description, on the Land described herein; all accessories and accessions to fully operate grain handling
<br />facilities, storage warehouses, equipment sheds and shop buildings, including but not timited to office equipment,
<br />scales, compressors, engines, motors, control panels, conveyors, load-out equipment and all improvements, fixtures
<br />and appurtenances on or related to the Land described herein; scales, office equipment, computer equipment and
<br />software, fuel and water tanks, fuel and water metering and pumping equipment, fire prevention equipment,
<br />pneumatic equipment, compressors, engines, motors, control panels, conveyors, baling equipment, load-out
<br />equipment on or related to the Land described herein; provided, however, that expressly exc[uded from the security
<br />interest hereby created ars all vehicles and rolling stock owned by Trustor, all personal property and equipment not
<br />owned by Trustor (including, but not limited to, leased property) located on the Land (collectively, the "Excluded
<br />Collateral"); and all of such things, other than the Excluded Collateral, whether now hereafter placed thereon or used
<br />in connection therewith or tivhether now owned or hereafter acquired by Trustor, or used in or necessary to the
<br />complete and proper planning, development, use, occupancy or operation thereof, or acquired (whether delivered to
<br />the Land or stored elsewhere) for use or installation in or. on the Land or the Improvements, and all renewals and
<br />replacements of, substitutians for and additions to the foregoing (the properties referred to in this clause (b) being
<br />herein sometimes collectively called the "Accessories"); (c) all of (i) Trustor's rights, but not liability for any breach
<br />by Trustor, under all insurance policies and other contraGts and general intangibles (including but not limited to
<br />trademarks, trade names and symbols) related to the Premises or the Accessories or the operation thereof; (ii)
<br />deposits (including but not limited to Trustor's rights in tenants' security deposits, deposits with respect to utility
<br />services to the Premises, and any deposits or reservas hereunder or under any other Loan Dc�cument for taxes,
<br />insurance or otherwise), maney, accounts, instruments, documents, notes and chattel paper arising from or by virtue
<br />of any transactions retated to the Premises or the Aceessories; (iii) permits, licenses, franchises, certificates,
<br />development rights, commitments and rights for utilities, and othar rights and privileges obtained in connection with
<br />the Premises or the Acc�ssories; (iv) leases, rents, royalties, bonuses, issues, profits, revenues and other benefits of
<br />
|